Consumers rights strengthened and digital downloads protected for first time by new law

Debut: Digital downloads will be protected by Consumer Rights law for the first time Tristan Fewings/Getty Images

From tomorrow British consumers will have greater protection when they buy goods and for the first time, will be covered by the same rules when purchasing digital music, films, games, books and even apps.

Consumers are being advised to get familiar with the Consumer Rights Act, which comes into force on 1 October, to make the most of the new regime.

The most important change is the right to a refund within 30 days if you buy something that’s faulty, whether it’s online, through a high street store, or from any other retailer. Now you have up to 30 days to return a faulty item and get all your cash back, no questions asked.

Previously the law wasn’t clear about the time limit, defining as simply a “reasonable length of time”. That allowed retailers the opportunity to wriggle out of treating customers fairly by setting their own “reasonable length of time” which could be as little as seven days in extreme cases.

MoneySavingExpert Martin Lewis, said: “In the past, the time limit was far too loosely defined as, ‘you can take it back as long as you haven’t accepted the goods’. This new clarification on the time you have to return something is important.”

However those returning items between one and six months after they bought now face fresh difficulties, he warned. That’s because under the new rules set out in the Act, after 30 days retailers are entitled to the chance to repair or replace a faulty item before you’re able to ask for a refund or price reduction.

“It used to be that you were entitled to an exchange, a repair or a refund, but now the onus is on the fact that the company must be allowed to repair or replace it. Only if it goes wrong after that are you entitled to a refund, and that may be a partial refund where appropriate,” Lewis said.

Under the new rules, if you qualify for a refund in the first six months after you’ve bought something retailers have to return all your money, unless it’s a motor vehicle, where a reasonable reduction can be made for the use you’ve had of the vehicle.

Consumers must understand their new rights and know how to assert them if necessary, said Helen Dewdney, who blogs as the Complaining Cow.

“Many stores want to shirk their legal responsibility and provide a repair or replacement, rather than give a full refund. But unless consumers know that they can insist on this refund up to 30 days from purchase it is likely that many retailers will continue to fob them off.”

For digital buyers, the new laws will be the first time such purchases been given clear legal protection. The rules will cover any digital content –anything you download or stream – including apps, music, movies, games or ebooks.

Up to date: The new rules cover purchases of ebooks (Picture: Amazon)

Which? executive director Richard Lloyd, says: “The Act brings the law up to date and strengthens consumer rights. Getting a refund or repair, dealing with issues with faulty digital downloads and challenging unfair terms should all be made much simpler.”

That latter point is also crucial. Now the key terms of a contract, including price, may be assessed for fairness. Previously such terms were exempt from a fairness test if they were written in plain language. It means that now, a company won’t be able to enforce unfair terms.

Consumer groups will be watching firms to ensure they play fair from now on with consumers.

They must ensure staff are aware of the changes so they’re not short-changing customers or breaking the law.